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AI and German Co-Determination – What Employers Need to Know

AI tools, such as ChatGPT, have become a big part of modern life. They are also becoming more and more relevant in the workplace. The use of AI entails great opportunities, but also a few risks. So far, there is not much case...more

The EU Pay Transparency Directive - What Employers Need to Know

With the aim of ensuring equal pay for equal work or work of equal value, the European Pay Transparency Directive (Directive (EU) 2023/970, the "Directive") came into force on June 6, 2023. The Directive provides for even...more

Managing employees in Germany – What US inhouse counsel and multinationals should know

Managing workforce in the relatively strict and extensive jungle of Germany's employment law provisions can be difficult, especially for multinationals and US inhouse counsel who are used to at-will terminations and are not...more

Employers of Record (EORs) in Germany – What You Need to Know

Many international providers offer services of U.S.-style Employers of Record. An EOR is a third-party company that acts as a local legal employer for another company. The EOR carries the legal and compliance obligations of...more

German Whistleblower Protection Law Brings New Obligations for Companies - What Employers Need to Know Now

With a delay of almost one and a half years, the German legislator has implemented the so-called Whistleblower Directive (Directive (EU) 2019/1937) into German law: In mid-December 2022, the German Bundestag had passed the...more

Federal Labor Court on Working Time Recording in Germany: Key Points for Employers

The Federal Labor Court (Bundesarbeitsgericht – BAG) (“FLC”) just published the reasons for its decision on the recording of working hours (BAG, September 13, 2022 – 1 ABR 22/21). Here are the key take-aways for all...more

Paperless Office No More – New Red Tape for Employers in Germany

On June 23, 2022, the German Bundestag passed a bill to transpose the EU Directive on Transparent and Predictable Working Conditions into German law. By August 1, 2022, companies will have to comply with a comprehensive...more

Pitfalls for Startups in Germany when Drafting Job Ads

Here's what happened: A Berlin startup wrote in its job ad that it is looking for a "(Junior) Key Account Manager". The company's description referred to "a young team with flat hierarchies". A 50-year-old whose application...more

Orrick’s 101 - Reference Letters

Employers in Germany should not underestimate the meaning of reference letters – the German Arbeitszeugnis. German employment law and employment practice provide employers with clear guidelines as to when and how they must...more

Orrick’s 101 – Labor Court Proceedings

Labor court proceedings are of great importance in Germany. Employees and employers often meet again in court, especially when it comes to the termination of their employment relationship. The German labor court procedure has...more

Orrick's 101 - Agency Work - November 2021

1. What is Agency Work? Agency work (Arbeitnehmerüberlassung) is a highly regulated business area in Germany and occurs when an employer (Agency) provides a third party (Client) with an employee employed by him, the Agency...more

Orrick's 101 - Diversity and Discrimination January 2022

Diversity and inclusion require a workplace free of prejudice and discrimination that values all employees equally, notably regardless of nationality, gender, ethnic origin, religion or belief, disability, age and sexual...more

Orrick's 101 - Employers' Essentials 2022 Edition

Every player interested or already active in the German market needs to have a working knowledge of the key principles of German employment law which offers a good level of protection to employees. This is especially true for...more

German Employment Law - Most Important Changes for 2022

2022 has several changes in store for employment law. We outline the top 10 of the most important changes in our Insight. 1. Special regulations on COVID-19 in 2022 The so-called "Corona bonus" of EUR 1,500.00, which can be...more

Orrick’s 101 – Employment Law in Germany - Legal Q&A I Labor Court Proceedings

Labor court proceedings are of great importance in Germany. Employees and employers often meet again in court, especially when it comes to the termination of their employment relationship. The German labor court procedure has...more

Orrick’s 101 – Employment Law in Germany NEW: Agency Work

1. What is Agency Work? Agency work (Arbeitnehmerüberlassung) is a highly regulated business area in Germany and occurs when an employer (Agency) provides a third party (Client) with an employee employed by him, the Agency...more

Top Takeaways for Employers from the Latest Decision on German Bike Delivery Services

During the Corona pandemic, bike delivery services experienced a boom in Germany. One provider has been newly listed on the major German stock index DAX, another one is the fastest-growing German unicorn of all times. Major...more

Orrick’s 101 – Employment Law in Germany NEW: Q&A on Family Friendly Rights

Germany scores well on family friendliness in the workplace. Statutory maternity and parental leave rights provide for a rather complex structure of maternity leave (Mutterschutz), parental leave (Elternzeit), parental...more

Orrick's 101 Employment Law in Germany Legal Q&A | the Many Pitfalls Of Using Contractors

This Legal Q&A two pager gives an overview of the potential problems of using contractors and freelancers in Germany, in particular the risk of misclassification. Incorrectly classifying an employee as a contractor can have...more

Orrick's 101 Employment Law In Germany - Legal Q&A | Non-compete Clauses

This Legal Q&A two pager gives an overview of non-compete clauses with a focus on postcontractual non-competes. Non-compete clauses can effectively protect the know-how of companies, especially in the tech sector. But their...more

Orrick's 101 - Employment Law In Germany - Employers' Essentials (2021 Edition)

Every player interested or already active in the German market needs to have a working knowledge of the key principles of German employment law which offers a good level of protection to employees. This is especially true for...more

Orrick’s 101 – Employment Law in Germany NEW: Q&A on Reference Letters

Employers in Germany should not underestimate the meaning of reference letters – the German Arbeitszeugnis. German employment law and employment practice provide employers with clear guidelines as to when and how they must...more

Orrick’s 101 – Employment Law in Germany: Legal Q&A I Labor Court Proceedings

Labor court proceedings are of great importance in Germany. Employees and employers often meet again in court, especially when it comes to the termination of their employment relationship. The German labor court procedure has...more

Orrick’s 101 – Employment Law in Germany - New: Employers’ Essentials (2021 Edition)

Every player interested or already active in the German market needs to have a working knowledge of the key principles of German employment law which offers a good level of protection to employees. This is especially true for...more

Germany’s Federal Labor Court Boosts Enforcement of Equal Pay

Germany is not exactly known to be a pioneer when it comes to equal pay. In Germany, the pay gap remains particularly large and is only closing slowly, according to the Federal Statistical Office. The Federal Labor Court now...more

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